Gift deed cancellation - validity
Chinna Reddy Chandra Mohan
(Querist) 26 December 2011
This query is : Resolved
in 1994 My Mother gifted me a immovable property (house) and as I was working in IAF I could not immediately mutate (accept) the same. No condition / contract was specified in the gift deed. The document has been registered at Registrar. In 1995 she revoked through by making another document and registering the same with Registrar (but not through law of court). The gift deed documents were with my mother only at the time cancellation.
The reasons shown the cancellation deed are misrepresentations like (1) That I am neglecting her (2) she stated that there is no other source for her (where my father was alive and was getting monthly pension (2) That I am trying to sell the gifted house (how it is possible without acceptance / mutation).
Further followed by a cancellation registered deed she wrote a will based on which my brother is claiming property.
My brother has applied for Probate (through court) and not obtained proper NOC from siblings.
Questions:
(1) Is the cancellation of gift deed before my acceptance through registered document (not through law of courts) is valid?
(2) If the cancellation of Gift deed is not valid / authorized (as it is not done through the Law of Court) is the Will written in favour of my brother is valid ?
(3) Finally and legally to whom the property should be transferred.
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Thanks and Regards
Chinna Reddy Chandra Mohan
ajay sethi
(Expert) 26 December 2011
1)for a valid gift it is necessary that gift should be accepted by donee . document should be duly stamped and regsitered .
2)were you placed in posession of the property . ?do you have the gift deed in your posession ?
3)there must be a recital in gift deed that posession has been handed over .
4)An offer without acceptance by the donee cannot complete the gift. Acceptance may be inferred from acts prior to the execution of the deed of gift. Mere silence may sometimes indicate acceptance provided the donee knows about the gift, slighest evidence of acceptance being sufficient
5)if registartion was done in 1994 then for your mother to revoke the gift consent of donnee is necessary . she ought to have moved court for cancellation .
prabhakar singh
(Expert) 27 December 2011
MY ANSWERS TO YOUR QUESTIONS ARE(1)NO.(2)NO.
(3)PROPERTY STOOD TRANSFERRED IN YOUR FAVOR FROM DAY ONE THE GIFT WAS REGISTERED IN YOUR FAVOR MAKING YOU ABSOLUTE OWNER THEREOF.
CONTEST HIS PROBATE...YOUR MOTHER HAD NO RIGHT TO CANCEL THE GIFT OR TO WRITE A WILL IN RESPECT OF HOUSE GIFTED TO YOU.
Murughendra
(Expert) 27 December 2011
I do agree with Prabhakar Singh. The question of acceptance to complete the gift arise only in muslim gift and not in your case.
Deepak Nair
(Expert) 27 December 2011
Rightly answered by Prabhakar Sir
Devajyoti Barman
(Expert) 27 December 2011
I agree too on the advice made above.
Adv Akhtar Ali Sheikh
(Expert) 30 December 2011
But you say that you had not accepted it!.
In gift deed donor and donee both must sign and then register.
did you sign the gift deed and were you present at the time of registration? if yes she cannot revoke, if no watch out trouble ahead!
